Presented by Nancy Smith Pima County Field Trainer 2014
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1 Presented by Nancy Smith Pima County Field Trainer 2014
2 Take out your Take a Moment handout and jot down 3 answers to question 1 and three activities for questions 2 Why should you teach Due Process to court employees? After writing down some activities for question 2, brainstorm with tablemates on how you would approach teaching this class.
3 Why do we have courts? What is Due Process, and why is it important to court employees? What can we as court employees do to help ensure due process rights for court clients?
4 Part One
5
6
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8 Due process is at the heart of good laws. Good court processes are essential to protect due process rights.
9
10 King John signs the Magna Carta at Runnymede, June 15,
11
12
13 No person shall be deprived of life, liberty, or property, without due process of law
14 No State shall... deprive any person of life, liberty, or property, without due process of law.
15 Article 2, section 4: No person shall be deprived of life, liberty, or property without due process of law.
16
17 Our long history of respect for law and of basic rights for all human beings established a tradition for the protection of due process rights by our legal institutions and our government. Just and fair courts are an essential part of our American culture and this tradition.
18 As a court employee, you are charged with upholding the qualities of just and fair treatment under the law. The canons for judicial employees are specific in this regard.
19 Courts very often have a tangible effect on people s lives. They can take away freedom, money, children, etc. As judicial branch employees, it is your job to make sure the processes in place are upheld, the work is accurate, and people are treated with respect. History, tradition, culture, and the effect of courts on people s lives are why our jobs are unique. Upholding due process is a critical link in this process.
20 Part Two
21 Deals with the administration of justice and acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
22
23 What are the two types of Due Process? I know, I know! Procedural and Substantive!
24 Very good! And what do those terms mean? Substantive: Are laws arbitrary or vague? Are they constitutional? Procedural: are the right procedures followed--- and followed fairly?
25 Substantive The U.S. Supreme Court and the AZ Supreme Court often rule on issues of substantive due process; that is, the constitutionality of laws. 25
26 Examples 26
27 Procedural Imposes restrictions on legal procedures. Court employees must abide by the rules in their work too. 27
28 Procedural Due Process examples: 28
29 eak-constitution Weak Constitution - The Daily Show - Video Clip Comedy Central
30 Do Due Process violations still occur in our country? Yes, they occur in democratic countries and in other countries too! Yes, they do! In all levels of government and even in the courts!
31
32 32 Are these still valid rights? How can the court maximize its efforts to protect these rights? What is your role as a court employee in protecting due process?
33 Trust your audience They are anxious to give meaning to their jobs They don t understand due process, but they want to! Provide compelling context Make it interactive Use local examples to make it real Your local newspaper/television are excellent resources Your court archivist is invaluable
34
35 A. First amendment B. Second amendment C. Fifth amendment D. Tenth amendment 94% 3% 0% 3% First amendment Second amendment Fifth amendment Tenth amendment 35
36 A. Sword, olive branch, scales B. Sword, scales, blindfold C. Scales, blindfold, dove of peace D. Blindfold, olive branch, dove of peace Sword, olive branch, scales Sword, scales, blindfold 100% 0% 0% 0% Scales, blindfold, dove of... Blindfold, olive branch,... 36
37 A. Judges can t see. B. Judges should weigh competing claims. C. Justice should be impartial. D. Courts act independently of other government branches. 82% 9% 3% 6% Judges can t see. Judges should weigh co... Justice should be impartial. Courts act independently.. 37
38 A. Jim Crow laws B. WWII internment of Japanese immigrants C. Political prisoners D. All of the above Jim Crow laws 0% WII internment of Jap... 91% 9% 0% Political prisoners All of the above 38
39 A. Unconstitutional laws B. The rules for how a case moves through courts C. Procedures for using your case management system D. Interactions between different branches of government 9% 86% Unconstitutional laws The rules for how a case... Procedures for using you... 3% 3% Interactions between dif... 39
40 A. True B. False 82% 18% True False 40
41 Part Three 41
42 42
43 What can you do on a daily basis to make sure due process happens in your court? 43
44 Process the paperwork accurately and timely! Treat all customers equally and respectfully! Don t discuss cases or defendants outside of work!
45 Abide by the Code of Conduct for Court Staff. 45
46 No Legal Advice 46
47 What s the difference between legal information and legal advice?
48 Legal advice Recommendations about the course of action a client should take to further his or her own best interests. Legal information Facts about the law and the legal process.
49 Can court employees give legal advice? After all, many of you have worked for the courts for years! You know your stuff!
50 NO WAY, JOSE!
51 As court staff, you have an obligation to inform court customers HOW to bring their problems to the court for resolution.
52 You cannot advise litigants WHETHER to bring their problems before the court, or what remedies to seek.
53 You have an obligation to explain court processes to litigants, the media, and members of the public.
54 You must always remember to remain absolutely impartial.
55 Be mindful that neither party nor their attorneys can communicate with the judge ex parte.
56 If you don t know, don t guess! It s OK to say I don t know if you don t know the answer! Get help from your supervisor!
57 57
58 58 Are there any additional questions? Thanks for your attention! Nancy Smith Pima County Field Trainer
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